Law Commons^™

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas

William & Mary Journal of Race, Gender, and Social Justice

This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender justice, however, …

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.

The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens

Faculty Scholarship

This article examines a January 1888 letter to U.S. Supreme Court Chief Justice Morrison Waite from Associate Justice Stanley Matthews. Justice Matthews requested time away from the notoriously overworked Court’s session in order to attend the funeral of Dr. Peter Parker, renowned medical missionary and diplomat. The piece presents biographical sketches of Justice Matthews and Dr. Parker, and considers the historical context of the potential absence on the late nineteenth-century Court’s operations.

Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer

Articles

Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …

The Battle For The Soul Of International Shoe, Eric H. Schepard

Eric H Schepard

In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …

Judge Lawrence R. Lapolla, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Cause Judging, Justin Hansford

Justin Hansford

Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that …

A Tribute To Judge Cecil F. Poole, Judge Joseph T. Sneed

Golden Gate University Law Review

No abstract provided.

Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva

John D. Castiglione

State courts of last resort are, in many ways, the primary expositors of law in the United States. Criminal law, contracts, family law, wills, trusts, and estates -- just to name a few -- fall within their purview. And yet, we know surprisingly little about just who sits on these courts -- state supreme court judges have been described as “perhaps the most important and least written about group within the judicial system” of the United States. Indeed, the last study on the characteristics and experiences of the state supreme court justices is almost fifteen years old. This Article presents …

Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm

ExpressO

Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court’s crucial voice in environmental and natural resources law cases. Kennedy’s central role was never more evident than in the two most celebrated environmental and natural resources law cases of 2006: Kelo v. New London and Rapanos v. U.S., since he supplied the critical vote in both: upholding local use of the condemnation power for economic development under certain circumstances, and affirming federal regulatory authority over wetlands which have a significant nexus to navigable waters. In each case Kennedy’s sole concurrence was outcome determinative.

Justice Kennedy has …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael

West Virginia Law Review

No abstract provided.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

St. George Tucker's Law Papers, Charles F. Hobson

William & Mary Law Review

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Visions Of A Labor Lawyer: The Legacy Of Justice Brennan, B. Glenn George

William & Mary Law Review

No abstract provided.

Justice Holmes And The Art Of Biography, Sheldon M. Novick

William & Mary Law Review

No abstract provided.

Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas

Faculty Publications

No abstract provided.

The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.

A Tribute To Judge Charles Clark, Rodney A. Smolla

Faculty Publications

No abstract provided.

Wade H. Mccree, Jr., Sara Sun Beale

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade H. Mccree, Jr.: Born To Be A Judge, Pierce Lively

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

The Quintessential Public Servant, Otis M. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade Mccree's Michigan Legacy, G. Mennen Williams

Michigan Law Review

A Tribute to Wade H. McCree, Jr.

Wade H. Mccree, Jr.: A Compassionate And Great Judge, Horace W. Gilmore

Michigan Law Review

A Tribute to Wade H. McCree, Jr.